Dry sand beach access gains the county’s protection as efforts to safeguard customary use swell.
The Nassau Board of County Commissioners voted 4-0 to pass a beach ordinance that protects public beach access on dry sand. Commissioner George Spicer was absent.
The effort was made in response to House Bill 631 that takes effect Sunday.
According to the bill, “a governmental entity may not adopt or keep in effect an ordinance or rule that finds, determines, relies on or is based upon customary use of any portion of the beach above the mean water line.”
County officials entered 86 items into the record that pertain to customary use, including beach erosion maps and numerous court cases and legal opinions from fact-finding documents collected since May 15.
The county-approved ordinance supports customary use on the “unincorporated dry sand beach below the mean high water line and above the mean high water line up to the easternmost toe of the frontal dune system without regard to ownership.”
It also protects “the unincorporated dry sand beach seaward of the erosion control line, commencing at the toe of the dune to the water,” according to the ordinance.
By Monday, citizens and others in support had already signed approximately 8,000 notarized affidavits, according to Lowell Hall of Citizens for Public Beaches and Shores, established 1973. Earlier this month, Hall and Mac Morriss launched a campaign to gain input to prove customary use with a goal to reach 10,000 people.
He presented about 800 of those affidavits during the ordinance’s third and final public hearing Monday. The group plans to stay on point to protect the unincorporated areas of the beaches.
“We’re going to continue,” Hall said.
Amelia Island Sea Turtle Watch, Inc. volunteer Denise Manderfield accesses the dry sand to assist nesting sea turtles. She told county officials of the importance of protecting the customary use of dry sand.
“It’s a dry sand activity, unless the sea turtle goes to the wet sand to nest,” the Fernandina Beach resident told the Record. “We have to access the dry sand to do our work.”
During a public hearing June 21, County Attorney Mike Mullin spoke about the affidavits.
“While the overall majority of the affidavits have established customary use of dry sand areas, there are affidavits that have been received that are indicating where the they don’t think the customary use has existed or are against customary use,” he said.
Beach resident Howard Banaszak Jr. sought to clarify perception about the new state law.
“I do not know of any homeowner who wants to deny anyone public access to any of our beaches,” he said June 21. “There is no effort to privatize the dry sand area. I do understand that HB 631 has been presented to the public as the homeowners want the beach for themselves. Not only is that ridiculous and shameful, it’s an outright lie. Fear mongering it is called; the tactic of purposely and needlessly arousing public fear about an issue. Our concern has never been about beach access. It is about the north and south driving in the dry sand area and the damage it is doing to our dune system.”
He continued, “The dry sand area in the county where driving is permitted has become an unregulated highway for cars and trucks. If a family was to set up a tent and play Frisbee or throw a football in the dry soft area between Peter’s Point and the city limits, you would be in the middle of two-lane vehicular traffic. The City of Fernandina realized the damage and safety issues involved with driving on the beach. They made the decision to bring driving to a close on the beach. We believe that the damage that driving does to our beaches cannot be customary usage the public wants for our beaches.”
Yulee resident Sam Thomas has accessed the unincorporated areas of the beach for 28 years. Those who live near the area have voiced concern about late night activities and driving on the beach.
“I often visit Peter’s Point,” he said June 21. “I have occasionally seen people reckless out there, but it’s not common. I think it’s patrolled pretty well by Nassau County Sheriff’s Office and I don’t see it as that big of an issue. I’d like to see the beach remain open for future generations to enjoy as I have.”
Fernandina Beach resident Richard Bergner has lived near the shore for 28 years.
Increased traffic has disturbed the clean dry sand to the point that it looks like a parking lot as motorists on the beach disregard the 10 mph speed limit by drag racing in front of houses, he said.
“There is a huge area that is now used as a road, which is adjacent to the dune,” Bergner said last week. “That’s going to weaken the dune’s structure. We saw it cut severely in half when we had (Hurricane) Matthew. It rebuilt and for (Hurricane) Irma, it was rebuilt again.”
Carlton Dunes condominiums vice president Rick Howell voiced appreciation June 21 for county officials who welcomed the beach residents’ input.
“We’re here to tell you tonight that we are in support of moving forward with this,” he said.
Georgia resident Jo Ann Tomlinson also supports the county ordinance. She drove two hours to address the commission during its second public hearing.
“I’ve been coming to Fernandina Beach for over 60 years,” she said June 21. “My parents brought me here. I brought my children and now I’m bringing my grandchildren.”
She purchased a condo five years ago.
“The mere thought of not being able to go over to the beach and enjoy it by playing in the water, building sand castles, taking a morning walk or an afternoon walk, it takes my breath away,” Tomlinson said. “I can’t even imagine that. I do hope the powers to be figure out something and allow us to keep and have our beautiful little island, and our good times and our wonderful memories.”
She continued, “One more thing, I don’t understand it, because I think of Florida as the tourism state. It’s supposed to have tourism. Isn’t it or am I wrong? Yes it is. Florida depends on it. And the people that were complaining about people who’s down there on the beach, whether they’re taking drugs or drinking or building fires or whatever – call the law. Don’t take it into your own hands. I pay pretty big taxes down here every year and I think my taxes help pay for those services. Call the law and get tough.”